"Pets allowed." Those two words sound simple. But they leave a lot of questions unanswered.
Which pets? How many? Who pays if the carpet is ruined? What happens when the dog barks all night? What if a tenant brings home a second dog?
Without clear written answers, every one of these questions can turn into a dispute. The fix is a written pet addendum, which is a short document added to the lease that spells out the pet rules.
This guide goes clause by clause through what a good pet addendum covers, what North Carolina law says about pet fees, and how to handle service animals and emotional support animals. Federal guidance on those animals changed recently, so that section needs extra care.
Why Put Pet Rules in Writing?
The video tells the story of a landlord who paid about $3,000 for pet damage with no written pet policy. We cannot verify that story, so think of it as an example, not a statistic. But the lesson is solid.
A written addendum does three things:
- It sets expectations before move-in. Tenants know the rules from day one.
- It makes damage claims clearer. If the lease says who pays for pet damage, there is less to argue about.
- It treats everyone the same. A standard document helps you apply the same rules to every tenant, which supports Fair Housing compliance.
A written policy does not stop damage by itself. You still need move-in and move-out photos to prove what changed. Our guide on security deposit documentation shows how to do that.
What the Law Says About Pet Rules and Pet Fees
Landlords can set their own pet rules. In general, a North Carolina or South Carolina landlord may allow pets, limit them, or say no. The big exception is for service animals and assistance animals, covered below.
North Carolina has a pet fee statute. NC Gen. Stat. § 42-53 is titled "Pet deposits." It says a landlord may charge a reasonable, nonrefundable fee for pets kept by the tenant on the premises. The statute does not define "reasonable," so ask your attorney what is safe for your situation.
The security deposit cap still applies to deposits. NC Gen. Stat. § 42-51 limits security deposits to two weeks' rent for week-to-week tenancies, one and a half months' rent for month-to-month tenancies, and two months' rent for longer leases. Refundable money you hold for the tenant is generally treated as a security deposit. The statute I reviewed on pets speaks only to a nonrefundable fee. Ask your attorney how monthly pet rent and any extra refundable amount should be set up.
Return rules apply. A refundable deposit must be accounted for within 30 days under NC Gen. Stat. § 42-52. Our guide on what a security deposit covers explains the process.
South Carolina follows its own law. South Carolina's Residential Landlord and Tenant Act (SC Code Title 27, Chapter 40) governs deposits and tenant duties. Confirm pet fee and deposit rules with a South Carolina attorney.
The Pet Addendum, Clause by Clause
Here is a checklist of what a strong pet addendum covers. Have an attorney turn these ideas into final lease language.
Clause | What to include |
|---|---|
Approved animals | Type, breed (if you track it), weight, age, name, and a photo of each approved pet. Say how many pets are allowed. |
Off-limits animals | List animals that are not allowed, such as reptiles or farm animals, if that is your rule. |
Proof of care | Ask for proof of current vaccinations and any local licenses that apply. |
Money terms | State each charge: any nonrefundable fee, any monthly pet rent, and any deposit. Label each one clearly as refundable or nonrefundable. |
Cleanup | Say who cleans up pet waste inside and outside, and that waste must be picked up promptly. |
Noise and behavior | Describe what counts as a nuisance, such as repeated barking, and the steps you will take. |
Damage | Say the tenant pays for damage beyond normal wear and tear, including damage caused by pets. Refer to move-in and move-out photos. |
Insurance | Require renter's insurance with liability coverage, and ask for proof. |
Unauthorized pets | Say any pet not listed needs written approval first, and that an unapproved pet is a lease violation. |
Guests' pets | Set a rule for visiting animals and how long they may stay. |
Leaving the home | Say what happens if a pet is left behind or the tenant is away. |
Signatures and copies | Every adult tenant signs. Give the tenant a copy and keep one in the file. |
Apply it the same way every time. Charge the same fees and use the same rules for every pet owner. Uneven treatment can create legal trouble.
Service Animals and Emotional Support Animals: Handle with Care
This is the part of a pet policy where landlords most often get into trouble. It is also changing.
The basics. Under the Fair Housing Act, housing providers must consider reasonable accommodations for people with disabilities. That includes requests to keep an assistance animal even where pets are limited. Assistance animals are not treated the same as pets.
What changed. For years, landlords relied on HUD notices from 2013 and 2020 that said assistance animals are not pets, that landlords could not charge pet fees or deposits for them, and that online "certificates" alone were not enough proof. According to law firm and housing group analyses, HUD withdrew those notices in 2025 and issued new direction on May 22, 2026. One law firm analysis says the new approach treats requests for trained assistance animals as presumptively reasonable, but does not treat requests for untrained emotional support animals the same way. It says a landlord may then apply its standard pet rules to an untrained emotional support animal request.
Why you should still be careful. The Fair Housing Act's reasonable accommodation rule itself has not gone away. Courts, state and local laws, and private lawsuits may not follow HUD's shift. Commentators note that federal enforcement and other law can now point in different directions. In that kind of change, a blanket "no" or a blanket "yes" are both risky.
A safer approach for now:
- Do not deny or approve requests automatically.
- Use a written request process and review each request on its own facts.
- Keep notes of what you asked for and why you decided as you did.
- Keep a service animal or other trained assistance animal separate from your pet fees unless your attorney tells you otherwise.
- Ask your attorney before you charge pet fees, pet rent, or deposits for any assistance animal or emotional support animal request, or before you deny one.
- Tenants are generally responsible for damage they cause, including damage caused by an animal. Your lease should say so.
Put a short line in your addendum saying that service animal and assistance animal requests are handled separately under federal and state fair housing law.
Protect Your Property and Your Wallet
A few extra steps help:
- Check your own insurance. Some landlord policies limit coverage for certain dog breeds. Ask your agent before you approve a pet.
- Document the home at move-in. Photograph floors, baseboards, doors, and yards before the pet arrives.
- Inspect on schedule. Regular visits can catch pet problems early.
- Refresh at renewal. Review the addendum when the lease renews. Ask whether the pet list is still accurate.
How Carolina Property Management Helps
For the properties we manage, we work with each owner to decide the pet policy. We put it in writing, give every applicant the same information, take move-in photos, and review pet-related condition at property visits. Requests involving service animals and assistance animals are handled through a separate, documented process with legal review as needed.
Frequently Asked Questions
Do I have to allow pets in my North Carolina rental? No. In general, you can set your own pet rules. Service animal and assistance animal requests are different and must be handled under fair housing law.
Can I charge a pet fee in North Carolina? NC Gen. Stat. § 42-53 says a landlord may charge a reasonable, nonrefundable fee for pets. Check with an attorney about monthly pet rent and any refundable pet deposit, because deposits are limited by the security deposit cap.
What is the limit on security deposits in North Carolina? Two weeks' rent for week-to-week tenancies, one and a half months' rent for month-to-month tenancies, and two months' rent for longer leases, under NC Gen. Stat. § 42-51.
Is a service animal the same as a pet? No. Service animals and other assistance animals are handled under fair housing law, not under your pet policy.
Did HUD change its rules on emotional support animals? According to law firm and housing group analyses, HUD withdrew its earlier assistance animal notices and issued new direction in 2026. The details are still developing, and other law may apply. Ask an attorney before you decide a request.
What should I do if a tenant gets a pet without telling me? Review your lease and pet addendum. Document what you see, and ask an attorney or your property manager about the right notice to send.
The Bottom Line
"Pets allowed" is a start. A written pet addendum is the finish. It tells tenants what is expected, helps you apply the same rules to everyone, and gives you a clear starting point if damage happens.
Write down which pets are allowed, what they cost, who cleans up, how damage is handled, and how assistance animal requests are reviewed. Then have an attorney check it. In the Carolinas, a clear pet policy is one of the easiest ways to avoid confusion later.
Carolina Property Management serves landlords and investors across the Charlotte, NC and South Carolina markets. If you want a pet policy and lease that fit your rental and current law, contact us today.
Sources: North Carolina General Statutes § 42-51, § 42-52, and § 42-53 (ncleg.gov) · South Carolina Code of Laws Title 27, Chapter 40 (scstatehouse.gov) · Fair Housing Act, 42 U.S.C. § 3601 et seq. · HUD Notice FHEO-2020-01 (January 28, 2020; reported withdrawn) · Mondaq, "The End of an Era: HUD's 2026 Guidance Upends Emotional Support Animal Accommodations in Housing" · DREDF, "HUD's ESA Policy Reversal" · Multifamily Dive, "Emotional Support Animals and Fair Housing" · Animal Legal & Historical Center, "FAQs on Service and Assistance Animals in Housing"
